Workers’ Compensation Appeals in Sacramento
Appealing Unfair Workers’ Comp Decisions
Many workers’ compensation claims filed in Sacramento, California, will be denied. In some of those cases, the reasons for the case denial aren’t even justified based on the California Division of Workers' Compensation (DWC) rules and regulations. When you are at a loss of what to do to get the workers’ comp benefits that you need to rest after a workplace accident, come to Pacific Workers', The Lawyers for Injured Workers. Our law firm is dedicated to standing up for injured workers throughout Sacramento who need legal help with filings, appeals, denials, and much more.
Call (888) 740-6434 to learn about workers’ comp appeals during a complimentary consultation.
Appealing a Workers’ Comp Decision
A Workers' Compensation Judge (WCJ) will review your initial filing to determine if it is legitimate. If the claim is approved, then you should be awarded the benefits that you deserve. A denied claim will halt your benefits and require you to make a decision: leave the case defeated or attempt to appeal it.
Workers’ Compensation Appeals Process
If your workers’ compensation claim was denied, you can consider appealing it with our help. An appeal basically asks the DWC to review the case again to see if it was denied wrongfully. Although this is a simple concept, the steps involved can get complicated, so the DWC will likely advise that you only proceed with the help of an attorney like someone from our firm.
Most workers’ compensation appeals processes will involve:
- Filing an Application for Adjudication of Claim with the DWC in Sacramento County.
- Wait for the DWC office’s response, which should include a confirmation that your filing was received and a case number.
- Schedule a Mandatory Settlement Conference (MSC) with a Workers’ Compensation Judge and the opposing party to attempt to negotiate a fair settlement agreement.
- Prepare for a scheduled trial or hearing if no agreement is reached that the WCJ is willing to approve.
- If dissatisfaction continues after the hearing, you can appeal the case again using a Petition for Reconsideration.
Throughout all of these steps, you can rely on Pacific Workers', The Lawyers for Injured Workers and our Sacramento workers’ comp appeals attorneys. We know how to handle every step, so you don’t have to busy yourself with legal work and complications. Overall, the appellate process could take up to four months in some cases, and we can be there by your side the entire time.
Workers’ Compensation Appeals Board
The California Workers’ Compensation Appeals Board (WCAB) will be an integral part of the appellate process. It is comprised of seven board members who are appointed by the Governor and confirmed by the Senate.
The WCAB does the following:
- Review workers’ compensation appeals.
- Regulate the workers’ compensation review process.
- Provide guidance to the workers’ compensation industry.
Get Legal Support for Workers’ Comp Appeals in Sacramento
You could have a better chance of winning a worker’s compensation appeal if you pay close attention to the deadlines, documents, and details. However, you probably need to rest after a work-related accident. To make sure that your case is hitting the right marks and you aren’t missing any deadlines, put the Sacramento workers’ comp appeals lawyers of our firm in charge. We are here to lend 75+ years of legal experience to do the most possible for your case.
Call (888) 740-6434 now to see if we can work on your appeals case.
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I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
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They took care of me!
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The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
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I got a compensation package that I was very happy with!
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Workers' Comp FAQ
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Do independent contractors get workers’ compensation in California?
No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.
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My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?
You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.
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What is the California 90-day rule for workers’ compensation?
After you inform your employer about your workplace accident, they need to tell the insurance company as soon as possible, usually within the same workday. Then, the claim administrator has 90 days to accept or deny your claim, with medical benefits being provided throughout that time. If there is no response within 90 days, then your claim ends in your favor by default.
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Is workman’s comp the same as workers’ compensation?
Yes, workman’s compensation is the same as workers’ compensation in all practical applications. You might see the terms exchanged for one another here and there, but they are essentially identical.
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What If My Workers’ Compensation Claim Was Denied?
An attorney can help you file to the Division of Worker’s Compensation (DWC) office again to appeal the denial. There are several reasons behind the rejection of your claim, a lawyer can also provide options to contest this denial.
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What If I Was Injured on the Job, but My Employer Doesn’t Carry Workers’ Comp Insurance?
Every working individual has the right to claim workers’ compensation, so even if your employer doesn’t offer it, you’re free to file a claim at any DWC office near you. Naturally, you also have the option to file a lawsuit against your employer since under Section 3700.5 of the California Code, failing to provide insurance is a criminal offense.
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I Was Hurt on the Job and Filed a Claim, Then I Got Fired. Is That Legal?
An employer who conducts acts of aggression, discrimination, or any form of abuse due to your filing a claim is breaking the law, so they can be penalized for their misdemeanor. They cannot fire you due to work-related injuries or illnesses, nor can they put you in unfair situations due to ill feelings. Fortunately, a lawyer can help protect your rights and get the compensation you deserve.
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What If My Injury Occurred over Time?
Any type of illness or injury caused directly by your work — due to labor-intensive responsibilities, repetitive tasks, or poor working conditions — still warrants you a workers’ compensation claim.
